Media statements issued never do get media coverage, and if it does it often does not report all that is stated. Given the fact, there seem to be no real documentation of all these civil society voices, this Blog has been started hoping to capture and preserve the voices of civil society for all. Appreciate it if you could forward me (chef@tm.net.my) statements that have not been picked up by this Blog.

Wednesday, February 6, 2013

75 Groups:- MINIMUM WAGES FOR ALL WORKERS, INCLUDING MIGRANT WORKERS - No to Wage Deduction to recover Levy Payable By Employers -

Joint
Statement- 5/2/2013 (now 75)

MINIMUM WAGES FOR ALL WORKERS,
INCLUDING MIGRANT WORKERS

- No to Wage Deduction to recover Levy
Payable By Employers -

We,
the undersigned 75 civil society
organizations, trade unions and groups are shocked with the recent decision of
the Malaysian cabinet on 30/1/2013 to allow employers of migrant workers to
recover levy that they paid the government to employ foreign workers from
migrant workers through wage deductions.

According
to the law, workers in Malaysia were to receive minimum wages of RM900[USD291](for
Peninsular Malaysia) and RM800[USD259] (for Sabah and Sarawak) as of 1/1/2013.
Khalid Atan, the President of the Malaysian Trade Union Congress(MTUC) said,
“…if workers were asked to pay the levy, the minimum wages policy would not
benefit them at all, as whatever little increase in salary they enjoyed, would
be wiped out with the levy payment…” [Star,
10/1/2013, MTUC: Don't give in to employers' demand on foreign workers levy]

Some
employers have also been trying to avoid this obligation to pay minimum wages,
which is basic wages not inclusive overtime, existing allowances and other
benefits. Some do it by re-structuring worker remuneration by including all
other allowances, incentives and benefits to make up the RM900, which is very
wrong. Some employers are making employees to sign documents agreeing to these changes,
whereby this is made easier when there are no worker unions. Workers generally have
no avenue of complaint, or even choice in the matter especially when many now
are employed based on short-term employment contract. A refusal by the worker
means a non-renewal or no new employment contracts when their contracts expire.

To
avoid paying workers minimum wages, the Malaysian government also allowed
employers the right to apply for a delay in paying workers minimum wages, and
vide Minimum Wages(Amendment) Order 2012 dated 28/12/2012, the government allowed
more than 500 employers to delay paying workers minimum wages. What was
blatantly wrong in this process was that the aggrieved workers and/or their
unions were not given any right to be heard before the employer’s application
to deny them their entitlement to minimum wages was approved.

The
Malaysian government, in the past, on the application of certain employers,
allowed them to make wage deductions and/or wage advances, contrary to the
general provisions in law with the intention to allow employers to recover from
migrant workers monies expended by employers to get migrant workers to Malaysia
to work for them. This included sometimes not just a means to recover levy
paid, but also all other costs incurred by employers to recruit and bring in
migrant workers. Approvals were given by the government with no consultation or
agreement of the worker or their unions. As of 1/4/2009, the Malaysian
government stopped this practice, and made it clear that it is employers that
have to pay the levy and they cannot recover the said sum from migrant workers.

Labour
Director-General Datuk Ismail Abdul Rahim was reported saying that, “…The
rationale behind getting employers to bear the levy was to discourage them from
employing foreigners…” [Star, 16/4/2009,
Employers can deduct levy from wages, again]. As such, this current move to
make migrant workers pay the levy removes the very intention of levy, i.e. to
discourage employers from employing foreign workers.

The
reason for the new decision ‘… is to alleviate the hiring cost for employers,
said Finance Minister II Datuk Seri Ahmad Husni
Hanadzlah...’ [Star, 30/1/2013,
Cabinet: Foreign workers to pay levy instead of employers with immediate
effect]. If the Malaysian government now wants to reduce the financial
burden of employers who hire migrant workers, then rightfully the government
should reduce or remove the levy – not shift the burden to workers.

Migrant
workers sacrifice a lot when they elect to come to Malaysia to work. They have
to leave behind the spouses, children, family and friends for Malaysian law
allows them to only come alone and work in Malaysia, and they also are barred
from falling in love and getting married during their employment period which is usually for at least 5 years. They
also end up incurring substantial debt when they come, for they have to pay,
amongst others recruitment agents, most times these payments include both legal
and ‘illegal’ payments. Whilst in Malaysia, they are bound to just one employer
– having no right to change employers.

When they claim rights, even through
existing legal avenues, they generally are terminated and their employment
pass/permits are also cancelled depriving them the right to stay (or work)
legally in Malaysia until their claims are resolved. The termination of these
passes/permits is done by the Malaysian government irrespective of whether
there are outstanding claims or pending cases concerning the said worker’s
rights.

This precarious reality of migrant workers makes them vulnerable to
exploitation by some employers, knowing that it is most easy to violate worker
rights and then get off scot free. Until laws and policies are amended to
protect migrant’s worker rights, naturally migrant workers become the preferred
choice over local workers as they are certainly a more easily exploited class
of workers.

We
call on the Malaysian government to immediately rescind the decision made by
the Malaysian cabinet on Wednesday(30/1/2013) to allow employers of migrant
workers to recover the levy they pay the government by deduction of wages of
migrant workers.

We
take the position that all workers, including migrant workers, are entitled to
receive minimum wages, whereby this is the basic wage and should not include
allowances, benefits and other work incentives. Employers should not be
permitted to remove pre-April 2012 worker entitlements and benefits, being the
date the Minimum Wage Order 2012 came into force, from existing and subsequent
employment contracts.

We call
on the Malaysian government to end all forms of discrimination against workers,
with regard to, amongst others, their nationality, gender, duration of their
employment contracts.

About Me

Charles Hector is for the promotion and respect of worker rights, human rights and justice.
Have been actively involved in actions against, amongst others, torture, police abuse of powers, deaths in police custody and the 'shoot to kill' by Malaysian police.
He also is for greater safeguards to ensure a fair trial, against detention without trial, for the abolition of death penalty, against all forms of discrimination, and also for equal protection of migrant rights.
He is also part of MADPET(Malaysians Against Death Penalty and Torture).He strives now for the formation of an Independent Police Complaints and Misconduct Commission (IPCMC).